The Board dismissed the appeal for an earlier effective date for service connection for ischemic heart disease and diabetes mellitus type II prior to August 10, 2022, due to lack of subject matter jurisdiction.
The deciding factor: The Board lacks subject matter jurisdiction to decide the issue of service connection on bases other than the PACT Act.
- Claimed conditions
- ischemic heart disease, diabetes mellitus type II
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- 24032385
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board grants service connection for tinnitus, finding that the Veteran's tinnitus began during his period of active duty service. The claims for ischemic heart disease, aortic valve replacement, status post aortic stenosis, and peripheral vascular disease with popliteal aneurysm are remanded.
- Remanded (sent back)
The Board remands the case to obtain a new medical opinion regarding the Veteran's ischemic heart disease, as the previous opinions were found inadequate.
- Denied
The Board denied service connection for coronary atherosclerosis, hypertension, diabetes mellitus type II, and penile cancer as there was no evidence of a medical nexus between the Veteran's conditions and his military service.
- Remanded (sent back)
The Board remands the matter to correct a pre-decisional duty-to-assist error, specifically to verify the Veteran's assertion of herbicide exposure while working on C-123 aircraft at Clark Air Base from May 1965 to November 1966.
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